Fourth Circuit Stands Alone in Limiting Chapter 13 Plan Modifications
Eleventh Circuit joins the majority of circuits by holding that unforeseen, changed circumstances are not required to modify a chapter 13 plan.
Court:
Sanctions of $150,000 Upheld Against Nationwide Consumer Firm
When $50,000 in sanctions were not enough to coerce compliance with the Code and Rules, the Eleventh Circuit upheld $150,000 in sanctions for a second violation.
Court:
Florida Judge Bars Redesignation Under the SBRA When Deadlines Have Already Lapsed
With deadlines already elapsed, Judge Grossman disagrees with three judges who allowed redesignation under subchapter V of chapter 11.
Debtors and the SBA Fight to a Draw Last Week on PPP ‘Loans’
Courts still have no consensus about debtors’ right to receive PPP ‘loans’ under the Cares Act.
Eleventh Circuit Holds that a Chapter 13 Plan Alone Can’t Assume a Lease or Contract
In the first court of appeals decision on the topic, the Eleventh Circuit holds that the chapter 13 trustee alone has power to assume a lease or contract.
Court:
Routine Withdrawals from a Bank Account Aren’t ‘Transfers,’ Eleventh Circuit Says
Receiver barred from bringing aiding and abetting claims if the company was dominated by fraudsters.
Court:
Liquidating in Chapter 11 Won’t Stop an EEOC Suit for Employment Discrimination
Magistrate judge decided that the regulatory power exception to the automatic stay allows the EEOC to proceed, but he stayed the suit by the former employee seeking damages.
Executory Contract Was Deemed Rejected Even Though Not Scheduled as Executory
For the Eleventh Circuit, scheduling the unsecured claim resulted in automatic rejection even though the contract was not scheduled as executory.
Court:
Two-Year Statute for Avoidance Actions Doesn’t Apply to Claim Objections
Even if the two-year statute of limitations for avoidance actions has run, the trustee can still strip away the lender’s secured status in a claim objection.
2% of Increased U.S. Trustee Fees Held Unconstitutional
Florida judge largely agrees with a Delaware judge by holding that the increase in fees for the U.S. Trustee program is neither impermissibly retroactive nor unconstitutional, mostly speaking.